State of Iowa, Appellee v. Vernon Lee Huser, Appellant

Summary

The court held that sufficient circumstantial evidence supported Huser’s conviction for aiding and abetting Morningstar’s murder. It also held that the State improperly introduced backdoor hearsay through questioning of Mitrisin, but that the district court did not abuse its discretion by denying a mistrial, striking all of Mitrisin’s testimony, or giving Huser’s requested curative instruction. The court nevertheless reversed because Huser was improperly prevented from presenting Woolheater’s statement to Zwank as a statement against interest, and the error was not harmless in this close case. Mansfield, Waterman, and Zager, concurring in part and dissenting in part, would have affirmed because the Zwank testimony was properly excluded or properly conditioned on admission of other statements.